Whittaker and Healey
Case
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[2013] FamCA 1029
•20 December 2013
Details
AGLC
Case
Decision Date
Whittaker and Healey [2013] FamCA 1029
[2013] FamCA 1029
20 December 2013
CaseChat Overview and Summary
In the matter of *Whittaker and Healey*, heard before Berman J, the dispute concerned parenting arrangements for two children, B and C. The orders made by the court addressed the time the children would spend with their father, the supervision of that time, the logistics of handovers, and requirements for drug testing of the father.
The court was required to determine the specific terms of the father's time with the children, including the duration and frequency of contact, and to establish conditions for this contact. Additionally, the court needed to set out the arrangements for the transfer of the children between parents and to impose a mechanism for ensuring the father's sobriety during his time with the children.
Berman J ordered that the children would spend specified periods with their father, commencing on 29 December 2013. Crucially, all such time was to be supervised by the paternal grandparents. Handovers were to occur at the paternal grandparents' home, with the mother responsible for delivering and collecting the children. The father was also mandated to undergo random drug testing upon request, up to once a month for six months, with the condition that if three consecutive tests were negative, this requirement would cease. Order (5) of the previous orders made on 14 October 2014 was discharged.
The court was required to determine the specific terms of the father's time with the children, including the duration and frequency of contact, and to establish conditions for this contact. Additionally, the court needed to set out the arrangements for the transfer of the children between parents and to impose a mechanism for ensuring the father's sobriety during his time with the children.
Berman J ordered that the children would spend specified periods with their father, commencing on 29 December 2013. Crucially, all such time was to be supervised by the paternal grandparents. Handovers were to occur at the paternal grandparents' home, with the mother responsible for delivering and collecting the children. The father was also mandated to undergo random drug testing upon request, up to once a month for six months, with the condition that if three consecutive tests were negative, this requirement would cease. Order (5) of the previous orders made on 14 October 2014 was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Whittaker and Healey [2013] FamCA 1029
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